How Long Does a VA Claim Appeal Take? | VetLaw

Understanding the factors that affect VA appeal time can help veterans make informed decisions.

Summary

• VA claim appeals can potentially take years to be resolved.
• Veterans can expedite their claims depending on their circumstances.
• VA lawyers can assist with the VA claim appeals process.

To dispute a VA decision pertaining to disability benefits, veterans can file an appeal to try and change the outcome of their claim. Many veterans faced with going through this process want to know what the exact time frame will be for their appeal to be resolved.

Unfortunately, there is no straight answer. VA claim appeals differ greatly from case to case but rough estimates are possible depending on the details of the claim.

You can schedule a free case evaluation with VetLaw by calling (336) 355-8387 or filling out a contact form on our website. Our experienced team will gladly assist you with your VA disability claim.

Navigating VA Disability Appeals: Understanding the Process

The United States Department of Veterans Affairs provides many who served this country with healthcare and support like disability benefits. Filing a claim to receive VA disability benefits in theory should ensure that veterans in need of disability compensation receive the necessary help.

However, there are many cases where legitimate claims are denied and force veterans to make an appeal. For instance, a veteran may appeal to increase their disability rating for a service-connected condition that has become more serious since the VA last evaluated it.

The process of appealing a VA claim for disability benefits can come with several potential obstacles that can make the experience frustrating and unnecessarily long. 

How a VA Claim Can Be Denied

Veterans seeking disability benefits will initially file a claim with the VA by filling out a form online or on paper and submitting it along with all the other necessary documentation.

Earlier in the year, the VA stated that the wait time for a VA claim decision was 159.8 days. As of September 2024, the VA has updated that timeline to 144.9 days. This time can vary and the process will most likely take longer than the estimate. 

Many veterans receive the disappointing notification after all that time that their claim has been denied. VA claim denials can occur for a number of reasons due to the bureaucratic complexities of the process. 

Some of the most common reasons for VA claim denial include the following.

• Incomplete or incorrectly completed paperwork
• Submitted medical evidence is rejected
• There is a lack of diagnosis by a medical provider
• A claimed condition is not recognized as a disability
• A condition’s lack of service connection
• The condition is considered pre-existing 
• The claim was submitted past the deadline

Many veterans get frustrated when they receive a VA decision letter and it’s not immediately clear to them precisely why the VA denied their claim. The terminology the VA uses to discuss disability benefits can be confusing, especially if you have limited experience with filing claims.

However, you should resist the urge to set the letter aside and forget about it. Instead, speak with a veteran disability appeals attorney about what your options are following a VA denial.

Waiting to pursue an appeal means that you are spending longer without disability benefits, but it can also create a situation where you have to go through the hassle of reopening your claim if the VA moves it into the “closed” pile.

How a VA Claim Appeal Works

If your VA claim has been denied there are three options for veterans who wish to have their claim reevaluated. With the help of a VA disability claims attorney, veterans should carefully consider which type of appeal best suits their situation. 

You should ask questions like, “Do I have new evidence to submit?” “How long am I willing to wait for a decision from the VA?” “Did the VA make an obvious mistake that a more experienced VA evaluator could rectify?” “Is there a precedent for my case that could impact the VA’s decision?”

The answers to these questions, along with your VA disability attorney’s insight, can help guide you to the right decision for your individual veterans disability claim.

Supplemental Claims

Veterans with denied claims can file a supplemental claim using VA Form 20-0995 within one year of filing their initial claim. A supplemental claim provides additional information and evidence relevant to the denied claim. This can help prove or disprove disputed or rejected information.

Higher Level Review

Veterans can also request a higher-level review of their claim by filing VA Form 20-0996. A higher-level review consists of a denied VA claim getting a second look by a more experienced and senior decision-maker. 

These reviews use the same evidence submitted at the time prior to claim submission. They can also be accompanied by a single requested informal conference to go over the claim.

Appeal to the Board

The last option veterans have is to file an appeal with the board using VA Form 10182. An appeal to the board has three options or dockets as they are formally known.

• Direct Review Docket: The claim can be directly reviewed by a veterans’ law judge using the evidence from the time of the prior claim decision.
• Evidence Submission Docket: Additional evidence can be submitted to the board within 90 days following submission of VA Form 10182.
• Hearing Docket: A hearing to decide the approval of the claim will be scheduled. 

How long your VA appeal takes can vary considerably based on which appeal path you choose and how quickly you submit the information the VA needs to make a decision.

Additionally, factors outside of your control, such as how overwhelming the VA’s current caseload is and whether they are experiencing staffing shortages, can impact your wait time.

What Affects VA Claim Appeal Wait Time?

The wait time for VA claim appeals has changed significantly with the implementation of a new claims system in 2019 thanks to the Veterans Appeals Improvement and Modernization Act of 2017. Wait times for the old system known as the legacy system were estimated to be 12 to 18 months.

The new claims system doesn’t have official VA estimates for appeal wait times due to the lack of data available. However, the VA has implemented new policies with the new claims system. The goal is to streamline the appeals process and reduce some wait times. 

New VA Claims System Appeal Goals

Higher-level reviews and supplemental claims have been given 125-day goals for issuing decisions by the VA. These are only goals and not strict deadlines so there is flexibility regarding the reality of these time frames. However, the existence of these goals indicates pressure to reduce their wait times from before. 

Regarding appeals to the Board, direct review dockets have been given a 365-day goal. Evidence submission and hearing dockets have been given much longer wait times. Hearing dockets are estimated to take several years before a decision is given. 

Factors That Can Expedite a VA Claim Appeal

While these wait times for a VA claim appeal can be long, appellants may be able to have the process expedited depending on certain time-critical circumstances they face. Appellants who are facing extreme financial hardship can seek the expedition of their claim.

Situations where an appellant can provide proof that they are unable to pay living expenses, rent, they face bankruptcy, etc. are required to expedite a claim appeal. Homelessness is also a circumstance that the VA will take into consideration regarding expediting the appeal of a claim.

Advanced age is also grounds to expedite a claim, although the precise age requirements for this change. The standard changes depending on the decisions of the Regional Office or the Board of Veterans’ Appeals, which require 85 and 75-year age minimums, respectively. 

Finally, the diagnosis of a terminal illness can get a VA claim appeal expedited. The disease in question has to be considered untreatable and resulting in the premature death of the appellant. Diseases such as cancers and organ failures are most often used to expedite claim appeals. 

Contact VetLaw About Your VA Claim Appeal

If you are a veteran struggling with the appeal process after having your VA claim denied then consider contacting VetLaw. Our VA-accredited lawyers can assist you with expediting the appeal of your claim by bringing the full force of our firm’s resources and experience to bear.

We have considerable experience representing veterans in tough situations and helping them access the VA disability compensation they qualify for.

At VetLaw, we make it a point to invest in each case, regardless of how big or small. This is because we understand that a successful VA appeal can be transformative for a veteran and their family.

Our experienced veteran lawyers can help you with every aspect of your claim and the bureaucratic hurdles you may face. To contact VetLaw about your case you can either fill out a contact form on our site or call VetLaw at (855) 977-1756.

Frequently Asked Questions

Can I receive back pay if my VA claim appeal is successful?

Yes, you may be able to obtain back pay in this situation. This is why initiating a claim sooner rather than later is important because that establishes your effective date. The VA uses your effective date to mark the beginning of when your benefits started accumulating.

How many times can I appeal a denied veterans disability claim with the VA?

Although you can appeal as many times as you want, the considerable delay and paperwork-heavy process make this an unpleasant prospect for many vets. Instead, give your appeal the best chance of success from the outset by hiring VetLaw to champion your claim.

What is the success rate for appeals?

The VA granted 38.9% of appeals for veterans’ disability claims out of the 23,529 decisions issued in 2022. Certain re-evaluation paths have lower rates of success.

What happens after the Board of Veterans Appeals denies a claim?

Veterans have a few choices if they want to pursue a VA disability claim appeal following a BVA denial. One option is to file a Supplemental claim with the BVA. That means you’ll need to produce new and relevant evidence. 

Generally, it takes the VA four to five months to get back to you with a decision at this stage. Veterans can also appeal to the Court of Appeals for Veterans Claims if they want a higher authority’s opinion. However, they only have 120 days to accomplish this.